, 1887-08-13
AFTER A BIG BONUS.
Kelly & Shannon Say a Right of
Way Is Worth $40, 900.
The Road Offers So, 200 Indemnity
For the Condemned Land.
Cheyenne & Burlington Desires to
Cross KelIy's Addition.

The Cheyenne & Burlington railway
appears to have n faculty for becoming in
volved mitigation with persons over whose
lands they desire right of way.
The corporation has Just concluded a
vexatious lawsuit with the Wyoming
Hereford Association in which the latter
claim to have received the worst of the
bargain. The Cheyenne l. Burlington
offered the cattle company $1,000 for
right of way over the famous hereford
ranch just southeast of the city. The
home company demanded $25, 900. The
entire matter was submitted to a board of
arbitration appointed by Chief Justice
MagiDnis. At the conclusion of the hear
ing of the testimony from both sides the
Hereford association was awarded SIS, 900,
which is generally conceded to be a fair
consideration for the actual damage in.
fiicted. According to the statutes of
Wyoming the decision of u board of arbi-
tration Is final unless either the plaintiff
or defendant shows most excellent cause
for appeal.
The Cheyenne & Burlington Railway
company, a corporation incorporated I'M
der the laws OF Wyoming, as the docu-
ment reads, have condemned premises for
a right of way across Kelly's addition to
Cheyenne, which is that portion OF the
city called Burlington Heights. The
company have offered the proprietors of
the tract So, 200 for the privilege of lay
ing track and running trains through the
addition. They disdalnfully refuse to
accept this bagatelle, as they call it, and
gently, but firmly insist that $40, 900
would be about the proper figure. A
hearing of the case is docketed for the
22nd inst.
The case will be complicated in the ex-
IRENE. Forty lots effected by the pro-
posed right of way have been sold by the
proprietors OF the addition, to as many
parties, upon the installment plan, and
payments made on each of the sales. 1t
is more than likely hat after the compa-
ny has settled with Kelly & Shannon,
the owners, that every one of the forty
lot purchasers will advance and unani-
mously and emphatically claim indemnity
for real, apparent or imagined injury.
Failing in this procedure they might pos
sibly r~elinquish their holdings, in which
case Kelly & Shannon would appropriate
the payments already made, but would
probably be unable to again find investors
willing to buy the lots.
On the other hand it is claimed that a
railroad would be of inestimable value to
the proprietors of Kelly's addition; that
property in that section would immedi-
ately advance 100 per cent, and that
every person who had a dollar would i'm
mediately rush forward and invest it in
that section. 1t is further asserted that
a station will be established in that vicin-
itY in order that the merchants, bankers,
etc, who will certainly erect palatial resi-
dences in that locality, may have cheap
and rapid communication with the city.
Proceedings OF the character instituted
will in no wise tend to delay work upon
the line. The Cheyenne & Burlington
means business, and do not propose to
hesitate on account of a little law suit in
volving $4,000 or $4,000. During the
progress of the recent trial for damages
against the company operations were not
suspended for a single instant. Grading
will be prosecuted within 100 yards of
the city limits within ten days.
These disputes with the company,
while in all probability naugurated with
the best of intentions, are rather unfor-
tunate, as they may engender i'll feelings
between citizens and the corporation, and
have a tendency to destroy that harmony
and singleness of purpose which should
invariably characterize the transactions of
the respective parties with each other.
Potter & Van Devanter are the regular
attorneys for the company. Mr.. Oliver
Shannon will represent the owners of
Kelly's addition in the impending Iitipa-
ton.